Valentine et al v. Nebuad, Inc. et al

Filing 39

STIPULATION AND ORDER re: page limits. Signed by Judge Thelton E. Henderson on 01/29/09. (rbe, COURT STAFF) (Filed on 1/29/2009)

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Douglas R. Young (State Bar No. 073248) [e-mail] C. Brandon Wisoff (State Bar No. 121930) [e-mail] Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] David A. Handzo (Admitted Pro Hac Vice) [e-mail] Jenner & Block LLP 1099 New York Avenue, N.W. Suite 900 Washington, DC 20001 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CENTURYTEL and EMBARQ

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DAN VALENTINE, et al, Plaintiffs, vs. NEBUAD, INC., a Delaware Corporation; et al. Defendants.

Case No. CV-08-5113 (TEH) STIPULATION AND [PROPOSED] ORDER REGARDING PAGE LIMITS

Plaintiff and defendants Embarq and CenturyTel hereby stipulate as follows: 1. Defendants Embarq and CenturyTel have responsive pleadings due on January 30,

2009, and intend to file a motion to dismiss plaintiffs' claims against them. The complaint
STIP. & [PROP.] ORDER RE PAGE LIMITS Case No. cv-08-5113 9 (TEH)
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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

contains seven causes of action, as plaintiffs bring claims under the Electronic Communications Privacy Act, the Computer Fraud of Abuse Act, the California Invasion of Privacy Act, and the California Computer Crime Law, as well as aiding and abetting, civil conspiracy, and unjust enrichment claims. Defendants Embarq and CenturyTel intend to move to dismiss all seven claims. Defendants Embarq and CenturyTel also intend to move to dismiss the action against them on the grounds that the Court lacks personal jurisdiction over them. 2. Rather than prepare two separate briefs for the two defendants, Embarq and

CenturyTel believe that the issues can be addressed more efficiently, saving resources for both the parties and the Court, in a single consolidated brief on behalf of both of them. Although Embarq and CenturyTel were separate entities at the time of the actions at issue in this case, they have since agreed to merge and have retained the same counsel for this action, making consolidated briefing more feasible. Similarly, plaintiffs believe that they can more efficiently oppose the motions of Embarq and CenturyTel in a single consolidated opposition to those two defendants' motions. 3. Although there is significant overlap between the issues raised in a consolidated

motion by Embarq and CenturyTel, the two defendants have slightly different facts with respect to their personal jurisdiction arguments, and the laws of different states may apply, and will be addressed, with respect to certain of plaintiffs' claims. Accordingly, in order to facilitate the preparation of a single memorandum on behalf of Embarq and CenturyTel, and plaintiffs' preparation of a single opposition to that joint motion, the undersigned parties believe that an extension of the Court's 25-page limit on memoranda would result in more efficient briefing and reduce the expenditure of resources by the parties and the Court. 4. In order to facilitate the filing of single motion and a single opposition with respect

to Embarq's and CenturyTel's motion to dismiss plaintiffs' complaint, defendants Embarq and CenturyTel thus respectfully request, and plaintiffs do not object, that the Court permit Embarq, CenturyTel, and the plaintiffs to file briefs that exceed the page limits by 5 pages.

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

SO STIPULATED. DATED: January 28, 2009. FARELLA BRAUN + MARTEL LLP By: /s/ C. Brandon Wisoff David A. Handzo JENNER & BLOCK LLP Attorneys for Defendants CENTURYTEL and EMBARQ I hereby attest that I have received authority from the other counsel signatories to file this document.

DATED: January 28, 2009.

KAMBEREDELSON LLC By: /s/ Alan Himmelfarb

Attorneys for Plaintiffs [PROPOSED] ORDER Pursuant to the aforementioned stipulation of the parties, and in order to facilitate the filing of a single motion to dismiss by defendants CenturyTel and Embarq, and a single opposition with respect to that motion by plaintiffs, it is hereby ordered that the memorandum in support of Embarq's and CenturyTel's motion to dismiss, and the memorandum in opposition to that motion by plaintiffs, shall be no longer than 30 pages.

UNIT ED

SO ORDERED

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S DISTRICT TE C TA

January 29 2009 __,

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__________________________________ Hon. Thelton E. Henderson n enderso lton E. H U.S. District Judge The udge

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